View/save PDF version of this document - La Strada International

Part One. Article 18 185offence, had it been subject to investigation, prosecution or proceedings under theirown jurisdiction; 64“(d) If it would be contrary to the fundamental principles of the legal systemof the requested State Party relating to mutual legal assistance for the request to begranted;“(e) If the requested State Party has substantial grounds for believing that therequest has been made for the purpose of prosecuting or punishing a person on accountof that person’s gender, race, religion, nationality or political opinions; 65“(f) If the request relates to an offence that is considered by the requested StateParty to be a political offence; 65“(g) If the request falls under subparagraph [1 bis] of this article and the requestedState Party considers, based on the information provided by the requesting StateParty, [that there is no basis for the suspicion of the involvement of an organizedcriminal group in the offence] [that the suspicion is unreasonable]. 66“17. For the purpose of cooperation under this article, the offences establishedin articles [...] of this Convention shall not be considered fiscal [or customs] offences,without prejudice to the constitutional limitations and the fundamental domestic lawof the States Parties. 67“18. Reasons shall be given for any refusal of mutual legal assistance.“[18 bis. If, within six months of the submission of its request, the requestingState Party has not received any information on action taken pursuant to that request,the requesting Party may petition the requested State Party in this regard. The requestedParty shall inform the requesting Party about the reason for the lack of any communicationregarding the request.] 68“19. Mutual legal assistance may be postponed by the requested State Party onthe ground that it interferes with an ongoing investigation, prosecution or proceeding.“19 bis. Before refusing a request pursuant to paragraph 16 of this article orpostponing its execution pursuant to paragraph 19, the requested State Party shallconsult with the requesting State Party to consider whether assistance may be grantedsubject to such terms and conditions as it deems necessary. If the requesting Partyaccepts assistance subject to those conditions, it shall comply with the conditions. 69“20. A witness, expert or other person who, at the request of the requestingState Party, consents to give evidence in a proceeding or to assist in an investiga-64Many delegations expressed the view that subparagraphs (c) and (d), contained in document A/AC.254/4/Rev.4,should be deleted.65A number of delegations were of the view that subparagraphs (e) and (f), proposed, as indicated above (see footnote60) by the United States (see A/AC.254/L.33), were already covered by the concept of “essential interests” in subparagraph(b). It was noted that the inclusion of these subparagraphs might imply that subparagraph (b) had a more limitedscope than would otherwise be understood. Accordingly, a number of delegations considered that retaining these subparagraphswould require the inclusion of other express grounds for refusal, such as the possible imposition of the death penalty,double jeopardy and lapse of time.66As indicated above (see footnote 60), subparagraph (g) was proposed by Canada at the fourth session of the Ad HocCommittee (see A/AC.254/L.42). It replaced subparagraph (e) as presented in document A/AC.254/4/Rev.4.67At the fifth session of the Ad Hoc Committee, Canada, Finland, the Netherlands and Switzerland undertook to submita redrafted version of this paragraph.68This paragraph was submitted by France at the fifth session of the Ad Hoc Committee.69Based on a proposal submitted by China at the fourth session of the Ad Hoc Committee (see A/AC.254/L.50).